Fairby 1825 Mortgage - Hartley-Kent

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Fairby 1825 Mortgage


Summary
This is a mortgage dated 26 February 1825, where Francis Treadwell is borrowing £2,500 from William Hodsoll of Sevenoaks. William Hodsoll is a trustee for the will of James Bunce of Kemsing, which allows him to invest the money in securities to provide an income for James's widow.

Of the £2,500 most (£2,200) was paid to Thomas Taylor to pay off a mortgage dated 26 February 1810. The lender was originally John Alchin, but he assigned the loan to Thomas Taylor by a deed dated 15 December 1818. Francis was paying 5% interest on this loan. As well as this there was a previous deed from 1780 which had created an interest which needed to be postponed to this loan..

The mortgage contains covenants by Francis Treadwell that he has good title, will pay the mortgage and will insure Fairby House and other buildings.

The mortgage also records an exchange of lands made between Francis Treadwell and Joseph Devey on 9/10 August 1809. It also records the former names of some of the fields and the fact the farm was mostly arable. During this time fields were being merged, and the deed mentions two (Chalkham Field and Eight Acre Field) which had become one by 1844.


Photo of 1825 Mortgage of Fairby (click on image for the whole document)

This indenture made the 26th day of  February... 1825.  Between FRANCIS TREADWELL of Hartley... Yeoman, of  the first part, WILLIAM HODSOLL of Sevenoaks.. gentleman, one of the  executors and devisees in trust named.. by the last will and testament  of James Bunce formerly of Kemsing .. esquire deceased of the second  part, THOMAS TAYLOR, late of the Warren, but now of Prestons in the  parish of Ightham .. gentleman of the third part, THOMAS THOMPSON of  Seal in the parish of Wrotham, yeoman of the fourth part.  

Whereas by a certain indenture bearing  date .. 15th day of December 1818 and made or expressed to be made  between [............], John Martin of the second part [............]  and Thomas Taylor of the fourth part and the said Thomas Thompson of the  fifth part [................] and intended to be thereby granted,  released and quitted were assigned, certified and confirmed  by the said  John Alchin and Francis Treadwell unto the said Thomas Taylor, his  executors, administrators and assigns for all the residue and remainder  of a certain term of 1,000 years created by a certain indenture bearing  date the 26th day of February 1810 made or expressed to be made between  the said Francis Treadwell of the one part and the said John Alchin of  the other part.  But subject to a proviso in the same indenture  contained for the reassignment, transfer and surrender of the said  mortgaged premises  on payment by the said Francis Treadwell, his heirs,  executors or administrators unto the said Thomas Taylor, his executors,  administrators or assigns of the sum of £2,200 for the same at the rate  of 5% per annum on the 15th day of June then next.  And by the same  indenture the said hereditaments and premises were likewise assured by  the said Christopher Bedingfield unto the said Thomas Thompson, his  executors, administrator and assigns for the then residue of a certain  other term of 1,000 years, created by an indenture bearing date the 8th  day of February 1780.  In trust for the said Thomas Taylor, his  executors, administrators and assigns for better securing the repayment  of the said sum of £2,200 and interest and subject thereto to allow the  inheritance of the said premises and to protect the same from any  incumbrances.

And whereas there is now due unto the  said Thomas Taylor by virtue of the said recited securities the said  principal sum of £2,200 and no more, all interest for the same having  paid up to the day of the date hereof.

And whereas the said James Bunce duly  made and published his last will and testament in writing, bearing date  on or about the 22nd of January 1800, and subject to a specific bequest  of certain parts of his personal property to his wife Jane Bunce, he  gave, devised and bequeathed all his real and residue of his personal  estate unto Andrew Hawes Dune??, Geoffrey Taylor (in the said will  called Jedler Taylor) and the said William Hodsoll, and to their heirs,  executors, administrators and assigns respectively, upon trust that they  his said trustees or the survivors or survivor of them or the heirs,  executors, administrators, and assigns of such survivor should convert  the same real and personal estate into ready money and discharge  thereout all the said testator's debts.  And upon further trust out of  the residue and remainder of the said trust monies to invest in the  names of them, the said trustees, in some or one of the parliamentary  funds of this kingdom or in good real security, as to them the said  trustees should seem meet.  Such a sum of money the interest or  dividends of which wold enable them to pay unto the said testator's wife  Jane Bunce, the clear cash sum of £150 for the term of her natural  life.  And immediately after her decease, upon trust to pay and apply  the said trust monies unto and equally between the said testator's  daughters Ann Bunce and Louisa the wife William Hodsoll, and the said  testator's son James Bunce at the times and in manner in the said  recited will particularly mentioned.  And the said testator appointed  the said Andrew Hawes Dyne, Geoffrey Taylor and William Hodsoll  executors of his said will.  And by a codicil [....] by the said  testator on the 1st day of February in the same year 1800, he the said  testator desired that his said trustees and the survivor of them, and  the heirs, executors or administrators of such survivor should [....]  the residue of the said monies to arise from the disposition and  conversion [..............] or sum of money the interest or dividends of  which would enable them to pay the said wife a clear annuity or yearly  sum of £200 in lieu and instead of the said annuity or yearly sum of  £150 in the said recited will mentioned.  And the said testator  appointed his said wife joint executrix with the executors in his said  will named.  And departed this life on the 25th day of April in the same  year 1800 without having revised or altered his said will or codicil,  which were duly proved in the Prerogative Court of Canterbury by the  said Geoffrey Taylor, William Hodsoll and Jane Bunce alone on the 26th  day of November 1801, but the said will and codicil were never proved by  the said Andrew Hawes Dyne in his lifetime, and the said Andrew Hawes  Dyne and Geoffrey Taylor have both since departed this life, leaving the  said William Hodsoll the only surviving trustee of the said principal  trust monies, who having been applied to by the said Francis Treadwell  for the loan of £2,500 part thereof, hath agreed to lend and advance the  said Francis Treadwell the same.  And it hath been agreed between the  said Francis Treadwell and William Hodsoll that the repayment thereof  with interest after the rate and in manner hereinafter mentioned, shall  be secured by the conveyance and assignments of the said messuage or  tenement, farm, hereditaments and premises in manner hereinafter  expressed and also by the warrant of attorney of the said Francis  Treadwell and judgement to be entered up thereon against him.

And whereas in part performance of the  said agreement, the said Francis Treadwell hath executed a deed poll or  warrant of attorney bearing even date with these presents, authorising  certain attorneys of His Majesty's Court of King's bench at Westminster  to confess a judgement agains him in the same court in an action of debt  at the suit of the said William Hodsoll, for the sum of £5,000 besides  costs of judgement with a defeasance

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For staying execution on the said  judgement until delay shall be made in payment of the said sum of £2,200  or the interest thereof by the date and time and in manner hereinafter  mentioned.  

Now this deed witnesseth that in further  pursuance of the said agreement and for and in consideration of the said  sum of £2,200 and of the said sum of £2,200 by the said William Hodsoll  paid to the said Thomas Taylor at the request of the said Francis  Treadwell as hereinafter mentioned and also in consideration of the  further sum of £300 residue of the said sum of £2,500 to the said  William Hodsoll in hand well and truly paid to the said Francis  Treadwell at or immediately before the sealing and delivery of these  presents, the receipts and payments of which said two [....] sums of  £2,200 and £300, making together the said sum of £2,500 the said Francis  Treadwell doth thereby admit and acknowledge and of and from the same  and due [...] thereof respectively [............] and discharge the said  William Hodsoll, his heirs, executors, administrators and assigns  forever by these presents

And the said Francis Treadwell hath  granted, bargained, sold, aliened, released and confirmed and by these  presents. Doth grant, bargain, sell, alien, release and confirm unto the  said William Hodsoll in his actual possession now being, by virtue of a  bargain and sale to him thereof made by the said Francis Treadwell, in  consideration of five shillings by indenture bearing date the one next  before the day of the date of these presents, for the term of one whole  year to be computed from the one next before the day of the date of the  said indenture of bargain and sale by force of the statute made for the  transferring of uses into possession, and to his heirs and assigns.  All  that messuage or tenement or farm house commonly called Feerbi House,  and the barns, stables, edfices, outhouses and buildings, yards, gardens  and orchards to the same belonging.  And all those several pieces or  parcels of arable, pasture and woodland with their and every of their  appurtenances to the said messuage or tenement also belonging and  therewith used and enjoyed heretofore described to contain in the whole  by estimation 180 acres be the same more or less, but upon a recent  admeasurement thereof found to contain with the three pieces of land  hereinafter mentioned to have been received in exchange by Joseph Devey  199 acres 3 roods and 21 perches, some parts of which said lands and  grounds were heretofore called or commonly known by the several names  and descriptions following, that is to say:

Chapel Field, otherwise Northfield (arable)
The Croft (arable)
Sifield Spring (woodland)
Great Neitherfield (arable)
Little Neitherfield (arable)
Bottom Field (arable)
Neither Spring wood (woodland)
The Grubbes Piece (arable)
Old Downs (arable)
Middle Old Downs (arable)
Little Old Downs (arable)
Great Old Downs Wood (woodland)
Little Old Downs Wood (woodland)
Hartley Hold (arable)
Westlands (arable) with the piece of woodland thereto adjoining and called Westlands Wood.

And also all that piece or parcel of land  containing by admeasurement 2 acres 2 roods and 21 perches heretofore  part and parcel of a field or piece of land heretofore of Joseph Devey  then commonly called or known by the name of Seven Acres, situate, lying  and being in the parishes of Fawkham and Hartley aforesaid.  And also  all that piece or parcel of woodland containing by admeasurement 3 roods  and 22 perches heretofore part and parcel of a piece or parcel of  woodland heretofore of the said Joseph Devey called Valley Wood, lying  and being in the parish of Hartley aforesaid.  And also all that other  piece or parcel of the said piece of woodland called Valley Wood,  containing by admeasurement 36 perches (which said three last mentioned  pieces or parcels of land were by indentures of lease and release  bearing date on or about the 9th and 10th days of August  1809, and made  between the said Joseph Devey of the one part and the said Francis  Treadwell of the other part, conveyed by the said Joseph Devey to the  said Francis Treadwell, his heirs and assigns in exchange for two pieces  of land of the said Francis Treadwell then belonging to his said farm,  the one called Bottom Field containing 6 acres 3 roods and 9 perches,  and the other called The Grubbes Piece, containing 2 acres 2 roods.  The  whole of which said farm and lands hereby granted and released are now  commonly called or known by the several names and descriptions and up on  a recent survey and admeasurement thereof are found to contain the  several quantities in the schedule thereunto written or by whatsoever  other name or names the said farm pieces or parcels of land and  woodground or any of them are or have or hath been called or known and  whether called by any name or names or not.  All which said messuage or  tenement farm, lands, hereditaments and premises are situate, lying and  being in the several parishes of Hartley, Ash next Ridley and Fawkham in  the said county of Kent, or in some or one of them and (except the said  lands taken in exchange as aforesaid) were formerly in the tenure of  John Overy, afterwards in the several tenures or occupations of Thomas  Young deceased and Richard Glover or one of them, their or one of their  assigns or undertenants, afterwards of Richard Treadwell since deceased  and the said Richard Glover, their or one of their undertenants or  assigns, since in the tenure or occupation of the said Richard  Treadwell, his assigns or undertenants.  And the whole thereof including  thes aid pieces of land taken in exchange are now in the tenure or  occupation of the said Francis Treadwell or his tenants.  And all other  the messuages, lands, tenements and hereditaments of him the said  Francis Treadwell situate in the said several parishes of Hartley, Ash  next Ridley and Fawkham or in one or either of them in the said county  of Kent.  Together with all and singular houses, outhouses, edifices,  buildings, ways, paths, passages, yards, gardens, orchards, waters,  watercourses, woods, underwoods, commons, fordings, timber and other  trees, hedges, hedgerows, ditches, mounds, banks, fences, enclosures,  profits, produces, rents, easements,

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commodities, emoluments, advantages,  rights, members and appurtenances whatsoever to the said messuage or  tenement, farm, lands, hereditaments and premises belonging or in any  wise appertaining, or accepted, reputed, received, taken or known as  part, parcel or member thereof or of any part thereof.  And the  reversion and reversions, remainder and remainders, yearly and other  rents, issues and profits thereof and of every part and parcel thereof.   And all the estate, right, title, interest, inheritance, use, trust,  possession, benefit, property claim and demand whatsoever, both at law  and in equity of him the said Francis Treadwell of, unto or out of the  same premises, every or any part or parts thereof.  Together with all  deeds, evidences, muniments, and writings now in the hands, custody or  power of him the said Francis Treadwell or which he or his heirs can or  may get at or obtain without suit at law or in equity, relating to the  said premises or any part thereof.

To have and to hold the said messuage or  tenement, farm, lands, hereditaments and all and singular other the  premises hereby granted and released, or intended so to be with their  and every of their appurtenances unto the said William Hodsoll, his  heirs and assigns.  To the use of the said William Hodsoll, his heirs  and assigns forever.  Nevertheless upon the trusts and to and for the  uses, trusts and purposes hereinafter mentioned, expressed and declared  of [....] the same, that is to say.  Upon trust in the first place to  [....] him the said William Hodsoll, his executors, administrators and  assigns, the repayment of the said sum of £2,500 together with interest  for the same, after the rate of £4 10s for every £100 by the year on the  29th day of September now next ensuing the date of these presents  without any deduction or abatement whatsoever out of the same or any  part thereof, pursuant to the proviso and covenant hereinafter in that  behalf contained.  And in the mean time to permit and suffer the said  Francis Treadwell, his heirs and assigns to hold and enjoy and receive  and take the rents and profits of the said hereditaments and premises to  and for his and their own use and benefit.

And upon further trust that after default  shall be made in payment of the said sum of £2,500 and interest or of  any part thereof as aforesaid, he the said William Hodsoll, his heirs,  executors, administrators or assigns shall and may of his and their sole  authority and without any consent or concurrence of the said Francis  Treadwell, his heirs, executors, administrators or assigns, at any time  or times thereafter when he or they shall in his or their discretion  think proper, make sale and absolutely dispose of the said messuage or  tenement, farm, lands, hereditaments and premises hereby granted and  released or intended so to be or any part or parcel thereof, either in  one lot or several lots and either by public auction or private contract  to any person or persons willing to purchase the same fror such price  or sum of money, as the said William Hodsoll, his heirs, executors,  administrators or assigns shall think proper, with power for him and  them to purchase in the same or any part thereof by auction without  liability for any loss which may arise thereby, and for such purpose to  enter into, make and execute all such contracts, assurances, deeds,  matters and things as he the said William Hodsoll, his heirs, executors,  administrators or assigns shall think proper and expedient.

And upon this further trust that he the  said William Hodsoll, his heirs, executors, administrators and assigns  do and shall by, with and out of the rents and profits, if any, of the  said messuage or tenement, farm, lands, hereditaments and premises  hereby granted and released or intended so to be, which shall be  received by him and them respectively, and also by and out of the money  which shall arise by or from such sale or sales as aforesaid in the  first place pay, satisfy and discharge the costs, charges and expenses  attending such sale or sales, and the making out and perfecting the  title to the said premises and in enforcing an contract for the purchase  thereof.  And in the next place to retain the said principal sum of  £2,500 and the interest thereof after the rate aforesaid, or so much  thereof as shall then remain unpaid.  And after the several payments  aforesaid, do and shall pay the residue (if any) of the said trust  monies unto the said Francis Treadwell, his executors, administrators or  assigns, or as he or they shall direct.

And it is hereby expressly agreed between  the said Francis Treadwell  and William Hodsoll, that in the execution  of the powers and trusts aforesaid, the said William Hodsoll, his heirs,  executors, administrators and assigns shall not be answerable or  accountable for any more money than he or they shall reserve, or be  answerable for any involuntary loss.   

And it ishereby further agreed by and  between the said Francis Treadwell and William Hodsoll that the receipt  or receipts of the said William Hodsoll, his heirs, executors,  administrators, or assigns for any sum or sums of money payable to him  or them under the powers and trusts for sale hereinbefore contained or  otherwise by virtue of these presents, shall effectually discharge the  respective purchaser of the said premises or any part thereof, or other  the person or persons paying such money from the amount which in such  receipts shall be respectively acknowledged to be reserved of and from  all liability for any loss or misapplication thereof, and also from all  obligation of enquiring into the propriety of any such sale or  disposition of the said premises, or whether such default was made by  the said Francis Treadwell, his heirs, executors, or administrators as  hereinbefore is mentioned.

Provided always and it is hereby further  agreed that after such default as aforesaid, it shall be lawful for the  said William Hodsoll, his executors, administrators or assigns to file  any bill for the performance of the equity of redemption of the said  premises or to adopt any other legal or equitable proceedings which  mortgagees are entitled to, instead of exercising the power and trusts  for sale hereinbefore contained, if he or they shall think proper so to  do, notwithstanding the powers of sale hereinbefore given to him and  them , and that such powers of sale shall not in any wise preclude or  affect the right of the said William Hodsoll, his heirs, executors,  administrators or assigns to have the benefit and advantage or any other  legal or equitable proceedings which he or they might be entitled to  have recovery? To by virtue of these presents, if the said powers of  sale were not contained therein.  

Provided also and it is hereby further  agreed between the said Francis Treadwell and William Hodsoll, in case  default shall be made in payment of the said sum of £2,500 or the  interest thereof or any part thereof contrary

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to the proviso and agreement hereinafter  contained for payment of the same and the true intent and meaning of  these presents that then and from thenceforth and so long afterwards as  the said Francis Treadwell, his heirs or assigns shall hold and occupy  some part of the said hereditaments and premises, he and they shall pay  for the part so occupied the annual sum or rent of £127 10s of lawful  money of Great Britain in equal half yearly payments on the 25th day of  March and the 29th day of September in every year without any deduction  or abatement thereat for any matter, cause or thing whatsoever, and that  in case default shall be made in payment of such rent for the space of  14 days after such time appointed for the payment thereof, it shall be  lawful for the said William Hodsoll, his executors, administrators or  assigns to enter into and distrain for the same and all costs upon the  hereditaments and premises which shall be so occupied by the said  Francis Treadwell, his heirs or assigns in like manner as landlords may  for rents reserved in common leases for years.

Provided always and it is hereby agreed  and declared between and by the said Francis Treadwell and William  Hodsoll that if he the said Francis Treadwell, his executors or  administrators do and shall well and truly pay or cause to be paid unto  the said William Hodsoll, his executors, administrators or assigns at or  in the Common Laws Hall of Lincolns Inn in the county of Middlesex, the  full and just sum of £2,200 of lawful money of Great Britain with  interest for the same after rate of £4 10s for every £100 by the year on  the 29th day of September now next ensuing without any deduction or  abatement whatsoever out of the same or any part thereof, for or in  respect of any taxes, rates, charges or impositions whatsoever already  taxed, assessed or imposed or hereafter to be taxed, assessed or imposed  by authority of parliament or otherwise howsoever on the said messuage  or tenement, farm, lands, hereditaments and premises hereby granted and  released or intended so to be or any part thereof, or on the said sum of  £2,200 and interest or any part thereof or on the said William Hodsoll,  his heirs, executors, administrators or assigns in respect thereof or  for or in respect of any other matter or thing whatsoever then from and  immediately after such payment to be so made as aforesaid, the said  William Hodsoll, his heirs or assigns shall and will at the request of  the said Francis Treadwell, his heirs, executors or administrators  recover and assure the said hereditaments and premises hereby granted  and released or intended so to be as aforesaid with their and every of  their appurtenances unto and to the use of the said Francis Treadwell,  his heirs and assigns or as he or they shall direct, freed and  discharged of and from all incumbrances whatsoever done or committed by  him the said William Hodsoll, his heirs, executors, administrators or  assigns.

And the said Francis Treadwell for  himself, his heirs, executors and administrators doth hereby covenant,  promise and agree with and to the said William Hodsoll, his executors,  administrators and assigns in manner following, that is to say, that he  the said Francis Treadwell, his heirs, executors or administrators shall  and will well and truly pay or cause to be paid unto the said William  Hodsoll, his executors, administrators or assigns the said sum of £2,500  with interest for the same after the rate aforesaid at the place and  time and in manner hereinbefore mentioned and appointed for payment  thereof, and according to the true intent and meaning of these presents.

And also that the said Francis Treadwell  was at  the time of sealing and delivering these presents lawfully,  rightfully and absolutely seised of or well and sufficiently entitled to  the said messuage or tenement, farm, lands, hereditaments and premises  hereby granted and released or mentioned and inteneded so to be and  every part thereof with the rights, members and appurtenances thereto  belonging, of a good, sure, perfect, lawful, absolute and indefeasible  estate of inheritance in fee simple in possession without any manner of  condition, use, trust, power of revocation, equity of redemption,  remainder or limitation of any use or uses or any other restraint,  matter or thing whatsoever to alter, change, charge, defeat, encumber,  revoke, or make void the same, except as appears by these presents.

And also that he the said Francis  Treadwell now hath in himself good right, full power and lawful and  absolute authority to grant, release and convey the said messuage or  tenement, farm, lands, hereditaments and premises with their and every  part of their appurtenances, unto and to the use of the said William  Hodsoll, his heirs and assigns, in manner aforesaid and according to the  true intent and meaning of these presents.

And further that in case default shall  happen to be made in payment of the said sum of £2,500 or the interest  thereof, or any part of the same respectively according to the true  intent and meaning of the same proviso and covenant for payment of the  same, then and from thenceforth it shall and may be lawful for the said  William Hodsoll, his heirs and assigns and he and they are hereby  expressly authorised and empowered peaceably and quietly to enter into  and upon and to have, hold, occupy, possess and enjoy all and singular  the said messuage or tenement, farm, lands, hereditaments and premises  hereby granted and released or mentioned or intended so to be, with  their and every of their appurtenances, and to receive and take the  rents, issues and profits thereof and every part thereof to his and  their use and benefit, without any lawful let, suit, trouble, hindrance,  molestation, eviction, interruption or disturbance whatsoever of, from  or by the said Francis Treadwell, his heirs or assigns, or any person or  persons whomsoever.  And that free and clear and freely, clearly and  absolutely acquitted, exonerated and discharged or otherwise by the said  Francis Treadwell, his heirs, executors or administrators well and  sufficiently saved, defended, kept harmless and undiminished of, from  and against all former and other gifts, grants, bargains, sales, leases,  releases, mortgages, jointures, dowers, uses, trusts, wills, entails,  statutes, recognisances, forfeitures, judgements, executions, extents,  rent and arrears of rent and of, from and against all and singular,  former and other estates, titles, charges and incumbrances whatsoever.

And moreover that he the said Francis Treadwell his heirs and assigns and all and every other person and persons, now or at any

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time hereafter having or lawfully  claiming any estate, right, title, trust or interest either at law or in  equity of, into or out of the said messuage or tenement, farm, lands,  hereditaments and premises hereby granted and released or mentioned or  intended so to be or any part or parcel thereof shall and will from time  to time and at all times hereafter so long as the said principal sum of  £2,500 or the [....] any part thereof shall remain due upon every the  reasonable request of the same William Hodsoll, his heirs, executors,  administrators or assigns, but at the proper costs and charges in all  things of the said Francis Treadwell, his heirs, executors or  administrators make, do, acknowledge, levy, suffer, execute and perfect,  or cause and procure to be made, done, acknowledged, levied, suffered,  executed and perfected all and every such ???? and other lawful and  reasonable deeds, decrees, conveyances and assurances in the law  whatsoever for the further, better, more perfectly and absolutely  conveying, assuring and confirming all and singular the said  hereditaments and premises hereinbefore granted and released or  mentioned or intended so to be with their and every of their  appurtenances; and the possession, reversion and inheritance of the same  respectively unto and to the use of the said William Hodsoll, his heirs  and assigns, but upon the trusts aforesaid, as the said William  Hodsoll, his heirs, executors, administrators or assigns, or his or  their counsel in the law shall reasonably advise or devise and require.

And this indenture further witnesseth  that for the consideration aforesaid and also in consideration of the  sum of £2,200 of lawful money of Great Britain to the said Thomas Taylor  in hand well and truly paid by the said William Hodsoll (at the request  in and to the direction of the said Francis Treadwell) testified by his  being a party to and executing these presents, the receipt of which  said sum of £2,200 and that the same was in full satisfaction and  discharge of and for all principal monies and interest due to the said  Thomas Taylor under or by virtue of the said hereinbefore recited  securities, he the said Thomas Taylor doth hereby admit and acknowledge;  and from the same sum and every part thereof doth fully and absolutely  acquit, release, exonerate and discharge the said William Hodsoll and  Francis Treadwell respectively, and their respective heirs, executors,  administrators and assigns, and also the said hereditaments and premises  contained in his said mortgage security and each and every of them  forever by these presents.  He the said Thomas Taylor (at the like  request and by the like direction of Francis Treadwell) and on the  nomination of the said William Hodsoll, testified by their respectively  being parties to and executing these presents hath bargained, sold,  assured, transferred and set over and by these presents doth bargain,  sell, assign, transfer and set over unto the said Miles Crow, his  executors, executors, administrators and assigns.  All that and those  the said messuage or tenement, farm, lands, hereditaments and premises  hereinbefore particularly mentioned and described or such and so many of  them as were and are comprised in the said hereinbefore recited  indenture of the 15th day of December 1818, and are now vested by virtue  thereof or otherwise in the said Thomas Taylor, with their and every of  their appurtenances.  And all the estate, right, title, ????, term and  terms for years yet to come and unexpired, benefit, property, claim and  demand whatsoever both at law and in equity of him the said Thomas  Taylor of, into or out of the same premises every or any part or parcel  thereof.  To have and to hold the said messuage or tenement, farm, lands  and all and singular other the hereditaments and premises hereby  assured or intended so to be with their and every of their appurtenances  unto the said Miles Crow, his executors, administrators, and assigns  for all the rest, residue and remainder yet to come and unexpired of the  said term of 1,000 years created by the said hereinbefore recited  indenture of the 26th day of February 1810 and vested in the said Thomas  Taylor by virtue of the said hereinbefore recited indenture of the 15th  day of December 1818.  Upon the trusts nevertheless hereinafter  mentioned, expressed and declared of and concerning the same.  And the  said Thomas Taylor doth hereby for himself, his heirs, executors and  administrators covenant and declare with and to the said William Hodsoll  and Miles Crow and with and to each of them and each of their  executors, administrators and assigns that he the said Thomas Taylor hat  not at any time or times heretofore make, done, executed or been party  or privy to or willingly or willingly suffered any act, deed, matter or  thing whatsoever, whereby or by reason or means whereof the said  messuage or tenement, farm, lands, hereditaments and premises hereby  assigned by him or intended so to be, or any part or parcel thereof are,  is, can, shall or may be impeached, charged, incumbered or otherwise  prejudicially affected in title, estate or otherwise howsoever, or the  residue of the said last mentioned term of 1,000 years therein  surrendered or become void or voidable.

And this indenture further witnesseth  that in further pursuance of the said agreement and for and in  consideration of 2 shillings of like lawful money to the said Thomas  Thompson in hand well and truly paid by the said James Fray, at or  before the creation of these presents (the receipt whereof is hereby  acknowledged), he the said Thomas Thompson at the request and by the  direction of the said Francis Treadwell and Thomas Taylor, and on the  nomination of the said William Hodsoll, testified as aforesaid, hath  bargained, sold, assigned, transferred, and set over, and by these  presents doth bargain, sell, assign, transfer and set over unto the said  James Fry, his executors, administrators and assigns.  All that and  those the said messuage or tenement, farm, lands, hereditaments and  premises hereinbefore particularly mentioned and described or such and  so many of them as are now vested in the said Thomas Thompson, by virtue  of the said hereinbefore recited indenture of the 15th day of December  1818, with their and every of their appurtenances.  And all the estate,  right, title, interest, term and terms for years, benefit, property,  claim and demand whatsoever both at law and in equity of him the said  Thomas Thompson of, into, or out of the same premises, every or any

(page 6)
part or parcel thereof.

To have and to hold the said messuage or  tenement, farm, lands, hereditaments and premises lastly hereby assured  or intended so to be, with the appurtenances unto the said James Fry,  his executors, administrator and assigns for all the rest, residue and  remainder yet to come and unexpired of the said term of 1,000 years  created therein by the said hereinbefore mentioned indenture of 8th day  of February 1780.

Upon the trusts nevertheless thereinafter  mentioned, expressed and declared and concerning the same.  And the  said Thomas Thompson doth hereby for himself, his heirs, executors and  administrators, covenant and declare with and to the said James Fry and  also with and to the said William Hodsoll, and with and to each of them  and each of their executors, administrators and assigns that he the said  Thomas Thompson that not at any time or times heretofore made, done,  executed, been party or party to or authority or willingly suffered any  act, deed, matter or thing whatsoever whereby or by reason or means  whereof the said messuage or tenement, farm, lands, hereditaments and  premises lastly hereby assured or intended so to be or any part thereof  are, is, can, shall or may be impeached, charged, incumbered or  otherwise prejudicially affected or the residue of the said last  mentioned term of 1,000 years surrendered, merged, forfeited or become  void or voidable.

And it is hereby declared and agreed by  and between all the said parties hereto as far as they are respectively  interested that they the said Miles Crow and James Fry and their  respective executors, administrators and assigns shall stand possessed  of and interested in the respective residue of the said two several  terms of 1,000 years and 1,000 years hereinbefore respectively assured  to them as aforesaid.  In trust for the said William Hodsoll, the  executors, administrators and assigns for better security to him and  them, the repayment of the said sum of £2,500 and interest as aforesaid,  and for that purpose to be respectively assured and disposed of, as he  or they shall from time to time limit and direct and in the mean time  and subject thereto to attend, wait upon and go along with the freehold  and inheritance of the same premises in order to protect the same from  all mesne charges and incumbrances if any such there be.

And lastly the said Francis Treadwell  doth hereby for himself, his heirs, executors and administrators,  further covenant , promise and agree with and to the said William  Hodsoll, his executors, administrators and assigns, that he the said  Francis Treadwell, his heirs, executors, administrators or assigns shall  and will from time to time and at all times until full payment shall be  made by sale of the said hereditaments or otherwise of the said sum of  £2,500 and interest to the said William Hodsoll, his executors,  administrators or assigns, according to the true intent and meaning of  these presents, at his and their own costs and expense insure and keep  insured the said messuage or tenement and all other the buildings  belonging to the said premises hereby granted and released or intended  so to be, from loss or damage by fire in some or one of the Public  Offices kept for that purpose to be approved of by the said William  Hodsoll, his executors, administrators or assigns in the sum of £1,000  at the least in the name of the said William Hodsoll, his executors,  administrators or assigns and shall and will from time to time deposit  the policy of such insurance and the yearly receipts for the premium  thereof with the said William Hodsoll, his executors, administrators and  assigns; and that if the said messuage or tenement or buildings or any  part thereof shall at any time be burnt down or otherwise damaged by  fire, all the monies to be received upon or by virtue of any such  insurance shall be received by the said William Hodsoll, his executors,  administrators or assigns, and be laid out and expended in the  effectually rebuilding and reinstating the said messuage or buildings or  such part or parts thereof as shall be so burnt or insured as aforesaid

In witness whereof the said parties to  these presents have hereunto set their hands and seals the day and year  first above written.
The Schedule in which the above written deed doth refer:

Chapel Field (12a 2r 25p)
Chapel Wood (4a 1r 3p)
Seven Acres (7a 3r 21p)
Nether Field (11a 0r 7p)
Little Wood (3a 0r 16p)
Nether Field Hill (12a 0r 31p)
Little Shaw (0a 1r 4p)
Further Rye Croft (7a 0r 33p)
Rye Croft (7a 1r 35p)
Parish Croft (10a 3r 2p)
Long Shaw (2a 2r 14p)
Little Nut Field (3a 1r 1p)
Orchard (4a 0r 35p)
Meadow (4a 0r 38p)
Meadow (3a 2r 12p)
House, yard, garden etc (2a 3r 19p)
Harry Saw (7a 1r 16p)
Chalkham Field (10a 0r 34p)
Eight Acres (9a 0r 27p)
Wood (3a 1r 7p)
Cottage and garden (0a 0r 31p)
Wood (0a 3r 1p)
Westlands (8a 3r 24p)
Westlands Wood (19a 3r 14p)
Hartley Hole (3a 2r 12p)
Old Down Wood (5a 1r 34p)
First Old Down (9a 3r 10p)
Second Old Down (9a 2r 37p)
Third Old Down (8a 0r 26p)
Further Old Down (5a 3r 13p)
199a 3r 21p

 
(S) Francis Treadwell, Thos Taylor, Miles Crow
(S) W Hodsoll, Thos Thompson

(Reverse)
Dated: 26th February 1825
Mr Francis Treadwell and others to Mr  William Hodsoll and his trustees - Release and Assignment of a farm and  hereditaments at Hartley in Kent for securing £2,500 and interest.
 
Received on the day of the date of the  within written indenture of and from the within named William Hodsoll,  the sum of £2,200 being the consideration money within mentioned to be  paid by him to me.

(S) Thomas Taylor Witness: James Taylor

Received on the day of the date of the  within written indenture of and from the within named William Hodsoll,  the sum of £300 being the consideration money within mentioned to be  paid by him to me.

(S) Francis Treadwell Witness: ?????

Signed, sealed and delivered by the  within named William Hodsoll, Francis Treadwell and Thomas Thompson in  the presence of (S) Thos K? Crow, Solicitor, Sevenoaks.
Signed, sealed and delivered by the within named Thomas Taylor in the presence of (S) James Taylor, Mote, Ightham.
Signed, sealed and delivered by the within named Miles Crow in the presence of (S) Richard H Crow of Wrotham

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